Citizenship for child abroad of U.S. citizen

[Kamok 0]

If a naturalized U.S. citizen has a child abroad (born before the parent got their citizenship — the other parent is NOT a U.S. citizen), what are the steps to obtain paperwork for them to come to the U.S.? Does an I-130 need to be filled out, or a CRBA, or something else? Since the child is under 18, they should qualify for citizenship under the parent, but what would be required paperwork, if any. Would greatly appreciate advice on this matter, thank you in advance!

[nastra30 2,282]

15 minutes ago, Kamok said:

Does an I-130 need to be filled out

This.

 

They don't qualify for citizenship yet. They'll acquire citizenship once you petition them to the US and they successfully land in the US as a LPR, and in your physical custody.

 

[Kamok 0]

Thank you for the prompt response!

[Kamok 0]

If children of a U.S. citizen come to the United States with non-immigrant visas, would they be able get citizenship through filing form N-600K once they are here? Would they meet all of the requirements of that form? (N-600K - 6. The child is temporarily present in the United States at the time of interview in a lawful status pursuant to a lawful admission)

[Boiler 45,417]

3 minutes ago, Kamok said:

If children of a U.S. citizen come to the United States with non-immigrant visas, would they be able get citizenship through filing form N-600K once they are here? Would they meet all of the requirements of that form? (N-600K - 6. The child is temporarily present in the United States at the time of interview in a lawful status pursuant to a lawful admission)

You need to file the I 130 you may well need to explain what the plan is, are your sponsoring the other parent?

[Kamok 0]

The husband is sponsoring the wife, she just got her immigrant visa

[Boiler 45,417]

And nothing was done for the child?

[Kamok 0]

The naturalization was in January 2024. The case was already at NVC, they updated the category from F2A to IR1 and removed the derivative applicants, because the immediate relative category doesn’t allow derivatives when the petitioner is US citizen. Because of this, NVC said that they would need to submit additional petitions for the children (as IR-2s).

[Boiler 45,417]

Correct

 

So what did you do, we are now in May

[nastra30 2,282]

1 hour ago, Kamok said:

If children of a U.S. citizen come to the United States with non-immigrant visas, would they be able get citizenship through filing form N-600K once they are here? Would they meet all of the requirements of that form? (N-600K - 6. The child is temporarily present in the United States at the time of interview in a lawful status pursuant to a lawful admission)

N600K doesn’t apply to you. File I130 for the child.

[Kamok 0]

NVC transferred the case to the Embassy, and only the wife got a visa

[Kamok 0]

1 hour ago, Boiler said:

You need to file the I 130 you may well need to explain what the plan is, are your sponsoring the other parent?

 

20 minutes ago, Boiler said:

Correct

 

So what did you do, we are now in May

NVC transferred the case to the Embassy, and only the wife got a visa

 

[nastra30 2,282]

4 minutes ago, Kamok said:

NVC transferred the case to the Embassy, and only the wife got a visa

That is correct. You naturalized so you need a separate petition for the child. USC cannot have a derivative beneficiary on immediate relative petition. Only LPR can. Since you naturalized, petition converted to that of a USC and the derivative fell off. So child will need their own I-130 petition.

Edited May 24 by nastra30

[Kamok 0]

8 minutes ago, nastra30 said:

That is correct. You naturalized so you need a separate petition for the child. USC cannot have a derivative beneficiary on immediate relative petition. Only LPR can. Since you naturalized, petition converted to that of a USC and the derivative fell off. So child will need their own I-130 petition.

Ok that makes sense, thank you so much! Appreciate the help!

[Boiler 45,417]

Not sure I understand the plan.